Designs: How to Protect your Design

Designs: How to Protect your Design This leaflet provides basic information on some areas of design protection. Intellectual Property Office is an operating name of the Patent Office This booklet provides basic information on some areas of Designs. It is not a reference book and has no legal authority All information contained in this document was correct at the time of going to print, and is available in alternative formats on request. For further information please visit our website at:- www.ipo.gov.uk or contact us on:- 0300 300 2000 Designs: How to Protect your Design What is a Design? A design protects the visual appearance of a product or part of a product. A number of factors can affect the appearance of a product including shape and contour, configuration, textures, materials and colour. In the UK there are two ways of protecting your design. You can either rely on Design Right or you can apply for a Registered Design. What is the difference between Design Right and a Registered Design? Registered Design: A Registered Design gives you total rights of ownership over the appearance of a product or just part of a product. A Registered Design can last up to 25 years providing you pay your renewal fees every five years. Unlike the Design Right a Registered Design will allow you to protect both 3D and 2D features of a design. If you wish to protect a pattern that you intend to apply to wallpaper or textiles for example a Registered Design would be appropriate. A Registered Design can be sold or licensed. Additionally it may be easier to stop people from copying your design as the mere existence of the registration alone can act as a deterrent. If you feel your Registered Design is infringed you may challenge and the onus will be on the third party to prove they have not infringed your rights. To benefit from Registered Design rights you will need to make an application to the Intellectual Property Office. 1 Designs: How to Protect your Design Design Right (Unregistered Design): A Design Right is an automatic right, (i.e. you do not have to apply to protect it). Design Right protects the shape and configuration of an item alone, therefore only 3D items are covered. You cannot rely on Design Rights for 2D features such as a pattern. A Design Right is an intellectual property right like any other and you are entitled to sell it or license it. Design Right lasts either for 10 years after you have first marketed the item, or 15 years from creation of the item, whichever is the earliest. For the last five years of this period a Design Right is subject to a License of Right. This means that anyone is entitled to a licence to reproduce your design. They will however have to come to an agreement with you over what costs will be payable for this. If you are relying on Design Right then it would be advisable for you to keep a note of when the design was first recorded in material form or when articles made to the design were first made available for sale or hire or otherwise disclosed to the public. This is recommended because if you believe that someone is infringing your rights you will have to prove the existence of those rights. Infringement cases will be heard by the courts. However the Intellectual Property Office will hear some cases regarding the subsistence of Design Right, (i.e. where there are disputes over payments under a License of Right). When taking action against infringement of a Design Right the onus is on you as the owner to prove that your design has been deliberately copied. 2 Designs: How to Protect your Design Registered Design Application to be made to IPO Lasts for up to 25 years Onus on other party to prove they have not infringed your rights You obtain a grant certificate from the IPO evidencing your rights Rights are exclusive to you and licenses would need to be authorised by you Published in our Designs Journal and on our Register Design Right (Unregistered Design) Automatic right Lasts between 10-15 years Onus on you to prove intentional copying. You have to show evidence of the existence of your rights License of Right automatically granted to other parties in the last five years Not stored in any register Considerations you should make before applying to register a Design Novelty Your design should not be the same as any design which has already been made publically available. Your Registered Design could be challenged if someone feels it is not new. We therefore advise that you search our register, available on our website, prior to making an application. If you prefer we can do this for you if you file a form DF21 and fee of £25. We will conduct a search for identical designs registered in the UK alone. We do not search for unregistered designs or designs registered outside of the UK. Please note that we do not conduct a novelty search when you file an application. This service is only provided if you request it by filing the DF21 and fee. 3 ... - tailieumienphi.vn